A registered trademark sets you apart from other players in the industry and gives you a competitive edge when consumers identify with your brand. It also helps protect the intellectual property rights of your business from unauthorized use.
Given the importance of having a registered trademark, it helps to be wary of mistakes to avoid in the trademark application process. Some of the common pitfalls that could derail your efforts and cost your business time and money are listed below.
1. Failing to conduct a comprehensive trademark search
Before filing a trademark application, a detailed trademark search is essential to ensure that another business does not already use the proposed mark. An extensive search can also help avoid the risk of infringing on someone else’s trademark and the associated legal disputes and expenses.
2. Filing for an overly broad trademark
Ensure that the trademark you seek to register is specific to the business’s products or services. The trademark office may reject overly broad trademarks, which could considerably delay your application.
3. Filing for trademark registration too late
It’s essential to file for trademark registration as early as possible, as the first business to use the trademark is usually given priority in trademark disputes. Failing to register the trademark on time can result in losing trademark rights and potential legal issues.
4. Registering in the wrong class
A trademark can only protect a business’s products or services registered in the appropriate class or classes to which the brand belongs. Failing to register the trademark in all relevant classes can leave some business products or services unprotected.
5. Not seeking professional assistance
Trademark registration can be a complex process involving various legal and technical aspects. It’s important to protect your business interests by seeking professional assistance to ensure the registration is done correctly. Knowing that your business has the necessary legal protections will give you peace of mind, leaving you to focus on other important matters.